Bread_and_Baked_Goods.pdf

REQUEST FOR PROPOSAL

RFP 26D-0305

BREAD AND BAKED GOODS

Mohave Educational Services Cooperative

211 N 7th St

Kingman, AZ 86401

RELEASE DATE: January 28, 2026

DEADLINE FOR QUESTIONS: February 24, 2026

RESPONSE DEADLINE: March 5, 2026, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/mesc https://secure.procurenow.com/portal/%7bproject.government.code%7d

Mohave Educational Services Cooperative

REQUEST FOR PROPOSAL

Bread and Baked Goods

I. Introduction II. Instructions to Offeror and Solicitation Information

III. Required Documents and Certifications IV. Special Terms and Conditions V. General Terms and Conditions

VI. Specifications VII. Primary Vendor Information

VIII. Past Performance Surveys IX. Pricing Information / Price Workbook Instructions X. Supporting Contract Documents

XI. Vendor Submissions

Attachments:

A - RFP 26D-0305 Offer and Acceptance Form

B - RFP 26D-0305 Anti-Lobbying Form

C - RFP 26D-0305 U.S. Department of Agriculture Form AD-1048

D - RFP 26D-0305 EDGAR Certification

E - RFP 26D-0305 Supporting Contract Documents

F - RFP 26D-0305 Current Mohave Members

G - RFP 26D Bread and Baked Goods Specifications

H - 26D Bread and Baked Goods Pricing Workbook

Request for Proposal #RFP 26D-0305 Title: Bread and Baked Goods

1. Introduction

Pursuant to the provisions in the Arizona procurement rules and code, Mohave Educational Services

Cooperative, Inc. (Mohave) seeks proposals to establish contract(s) for bread and baked goods. To be considered, proposals shall be electronically submitted, via OpenGov Procurement, prior to the specified due date and time. A public opening will be held by teleconferencing. If you would like to attend the opening, please contact the Contract Specialist for instructions. Proposals shall be opened immediately following the proposal due date and time, with the name of each offeror publicly listed via OpenGov

Procurement. Late offers shall not be considered.

Mohave is not responsible for any unsuccessful submission of documents to the OpenGov Procurement website.

Offerors are strongly encouraged to carefully read the entire contents of this solicitation prior to submitting a proposal. Failure to examine any of the requirements will be at the offeror’s risk.

Mohave reserves the right to cancel this solicitation and/or reject all proposals in whole, or in part, if

Mohave determines that cancellation and/or rejection is advantageous to Mohave and/or its members.

1.1. Questions

RFP Questions Must Be Directed To:

Melissa Jimenez, CPPB, Contract Specialist Email: contracts@mesc.org Telephone: (520) 888-9357

Questions may also be submitted through the OpenGov Procurement “Questions and Answers” tab.

Last Day For Questions: Tuesday, February 24, 2026, 5:00 p.m. (local Arizona time)

1.2. Pre-proposal Conference Participation

Pre-proposal Conference Held: Monday, February 9, 2026, at 10:00 a.m. (local Arizona time)

For login, contact the Contract Specialist, no later than Friday, February 6, 2026.

mailto:contracts@mesc.org

2. Instructions to Offeror and Solicitation Information

2.1. Submission of Proposals

Proposals should provide straightforward, concise information that satisfies the requirements. Emphasis should be placed on conformity to the requirements, as well as the completeness and clarity of the submittal content.

A proposal submitted in response to this solicitation shall be valid and irrevocable for one hundred twenty (120) days after specified due date and time.

2.2. Contract Type

The term contract shall be fixed price.

2.3. Award Criteria

The weighted award criteria for this solicitation, in relative order of importance, are as follows:

Award(s) shall be made to the responsive and responsible offeror(s) whose proposal(s) is/are determined in writing to be most advantageous to Mohave for its members.

Responsive and responsible offeror(s) shall provide the following requirements:

1) Pricing Information (30 Points): Excel pricing workbook (non-secured or locked) uploaded to

OpenGov Procurement. Completed pricing workbook, price schedules, additional requested price information, delivery fees, volume discount information, quick pay discount information, Pcard/credit card acceptance information;

2) Offer and Acceptance, Terms and Conditions, Scope of Work and Specification Documents (25

Points): Offer and Acceptance Form, Confidential/Proprietary Submittal Form, amendments (if any), General and Special Terms and Conditions Acceptance Forms, Scope of Work, Specifications with exceptions/deviations noted, Scope of Work and Specifications Acceptance Form, Anti-Lobbying

Certificate Form, U.S. Department of Agriculture Form AD-1048, and EDGAR Certification;

3) Primary Vendor Information (20 Points): Complete response to the Method of Approach and

Qualification and Experience pages, references (past performance information), certificate of insurance, financial information;

4) Supporting Contract Documents (15 Points): Completed supporting contract documents, support and maintenance information, sample supplemental or end-user agreements;

5) Additional Information (10 Points): Descriptive literature, slicks and any supporting documents, overall evaluation orderliness, readability of offer and evidence that the firm has the ability to follow instructions, additional information.

2.4. References Used for Terms and Conditions

Acronyms used in the solicitation are noted in bold font below:

Arizona Administrative Code (A.A.C.): https://azsos.gov/rules/arizona-administrative-code https://azsos.gov/rules/arizona-administrative-code

Arizona Executive Orders: https://azgovernor.gov/executive-orders

Arizona Revised Statutes (A.R.S.): https://www.azleg.gov/arstitle/

Code of Federal Regulations (CFR): http://www.ecfr.gov/

Davis-Bacon: https://www.dol.gov/agencies/whd/laws-and-regulations/laws/dbra

Education Department General Administrative Regulations (EDGAR):

https://www2.ed.gov/policy/fund/reg/edgarReg/edgar.html

E-Verify: https://www.e-verify.gov/employers/enrolling-in-e-verify

Public Law: https://www.congress.gov/public-laws/116th-congress

State of Arizona Accounting Manual - Travel Policy: Section IID - Section II (SAAM):

https://gao.az.gov/travel/welcome-gao-travel

Uniform Commercial Code as adopted by the State of Arizona (UCC): https://www.azleg.gov/arsDetail/?title=47

United States Department of Housing and Urban Development (HUD): https://www.hud.gov/

Additional References and definitions used for specifications (acronyms used in the solicitation are noted in bold font below):

Arizona Department of Agriculture (ADA): www.agriculture.az.gov

Arizona Department of Education (ADE): www.ade.az.gov

Arizona Revised Statutes (A.R.S): https://www.azleg.gov/arstitle/

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far

Federal Immigration and Nationality Act (FINA): https://www.uscis.gov

GDSN Connect, powered by Nourish to Flourish Database and hosted by

1WorldSync: https://1worldsync.com/trading-partners/nourish-to-flourish/#trading-partner-form

Hazard Analysis and Critical Control Points (HACCP): https://www.fda.gov/food/guidance-regulation-food-and-dietary-supplements/hazard-analysis-critical-control-point-haccp

Healthy, Hunger-Free Kids Act of 2010: https://www.govinfo.gov/app/details/PLAW-111publ296/related

National School Lunch Program (NSLP): https://www.fns.usda.gov/nslp

Occupational Safety and Health Administration (OSHA): https://www.osha.gov

Public Law: https://www.congress.gov/public-laws/116th-congress

School Breakfast Program (SBP): https://www.fns.usda.gov/sbp/school-breakfast-program

U.S. Department of Agriculture (USDA): https://www.usda.gov/ https://azgovernor.gov/executive-orders https://www.azleg.gov/arstitle/ http://www.ecfr.gov/ https://www.dol.gov/agencies/whd/laws-and-regulations/laws/dbra https://www2.ed.gov/policy/fund/reg/edgarReg/edgar.html https://www.e-verify.gov/employers/enrolling-in-e-verify https://www.congress.gov/public-laws/116th-congress https://gao.az.gov/travel/welcome-gao-travel https://www.azleg.gov/arsDetail/?title=47 https://www.hud.gov/ http://www.agriculture.az.gov/ http://www.ade.az.gov/ https://www.azleg.gov/arstitle/ https://www.acquisition.gov/browse/index/far https://www.uscis.gov/ https://1worldsync.com/trading-partners/nourish-to-flourish/#trading-partner-form https://www.fda.gov/food/guidance-regulation-food-and-dietary-supplements/hazard-analysis-critical-control-point-haccp https://www.fda.gov/food/guidance-regulation-food-and-dietary-supplements/hazard-analysis-critical-control-point-haccp https://www.govinfo.gov/app/details/PLAW-111publ296/related https://www.fns.usda.gov/nslp https://www.osha.gov/ https://www.congress.gov/public-laws/116th-congress https://www.fns.usda.gov/sbp/school-breakfast-program https://www.usda.gov/

3. Required Documents and Certifications

Required documents are located in the Attachments Tab. Complete, sign and upload documents in

Section 11. Vendor Submissions.

4. Special Terms and Conditions

Some Special Terms and Conditions may specify placement of information in Vendor

Submissions. Pay close attention to placement information as indicated in select Special Terms and Conditions.

4.1. Construction

Contract vendor shall not perform any construction under this contract. For the purposes of this contract, construction is defined as: The process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. Construction does not include:

- The routine operation, routine repair or routine maintenance of existing facilities, structures, buildings, or real property.

- The investigation, characterization, restoration, or remediation due to an environmental issue of existing facilities, structures, buildings, or real property.

4.2. Delivery

A. Default in one installment to constitute total breach: Contract vendor shall deliver conforming materials in each installment or lot under this contract and may not substitute nonconforming materials.

Mohave reserves the right to declare a breach of contract if contract vendor delivers nonconforming materials to any member under this contract.

B. Defective goods: Contract vendor agrees to arrange and pay for return shipment of goods that arrive in a defective or non-operable condition.

C. Delivery time: Failure to deliver any order within the time frame specified on the purchase order may result in cancellation of that purchase order.

D. Improper delivery: If the goods or tender of delivery fail in any respect to conform to this contract, member may reject the whole, accept the whole, or accept any commercial unit or units and reject the rest.

E. Liens: All materials shall be free of liens.

F. Restocking fees: A restocking fee may only be charged on products ordered and delivered to member’s site. Restocking fees in excess of fifteen percent (15%) shall not be allowed. Contract vendor may waive restocking fees. Restocking and return shipping charges shall be identified in the price workbook.

G. Serial numbers: Offers shall be for equipment on which the original manufacturer’s serial number has not been altered in any way.

4.3. Form of Contract

A. Contract vendor documents: If a firm submitting an offer requires member to sign an additional agreement, a copy of the proposed agreement shall be included with the proposal. If awarded a contract, any additional contract vendor’s documents shall not become part of Mohave’s contract unless, and until, an authorized representative of Mohave reviews and approves them. Contract vendor agrees to provide

Mohave a copy of any agreements that are revised during the term of an awarded contract, prior to having the member sign the agreement.

B. Form of contract: The form of contract for this solicitation shall be the Request for Proposal, any issued amendments, best and final offer(s), the awarded proposal(s), contract modifications, and properly issued and reviewed purchase orders referencing the awarded contract number.

C. Parol evidence: The contract represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable.

4.4. Installation

Installation shall be scheduled directly with member and be done in a reasonable amount of time.

Installation shall be in accordance with the manufacturer’s instructions and shall be accomplished by skilled and properly licensed individuals.

4.5. Insurance

A. Certificate of Insurance: Evidence of the required insurance shall be provided with your proposal by means of a current certificate of insurance with the coverages as stated within the requirements below.

Before any orders are processed under an awarded contract, contract vendor shall provide a certificate that names Mohave Educational Services Cooperative, Inc. as the certificate holder.

Certificate of Insurance (or certificates of insurance if using multiple carriers) shall include, at a minimum, coverage for:

1. General Liability

2. Automobile liability

3. Umbrella or Excess Liability (If needed to meet aggregate amount)

4. Workers’ Compensation

In addition, contract vendor must be willing to provide, upon request, identical certificate of insurance to any member using this contract. Contract vendor must also be willing, upon request, to add any member as an additional insured entity. Any costs for adding a member as an additionally insured entity, shall be clearly identified in submitted contract pricing. If no pricing is identified, adding a member as an additionally insured entity, shall be provided at no additional cost.

Provide evidence of current insurance coverage, upload in Vendor Submissions 3.3.

Failure to provide the coverages stated above, with any minimum stated aggregate amounts provided in the requirements below, may render your proposal as non-responsive.

B. Deductibles: Contract vendor shall pay the deductibles required by the insurance provided under this contract.

C. Liability insurance: Prior to commencing services under this contract, contract vendor shall procure and maintain during the life of this agreement, comprehensive general liability insurance, to include automobile liability, providing limits of an aggregate amount of not less than $2,000,000.

D. Scope of Insurance: Contract vendor’s insurance shall provide adequate protection for contract vendor against damage claims which may arise from operations under this contract, whether such operations are by the insured or by anyone directly or indirectly employed by the insured. All insurance must be written by companies incorporated within the United States (exclusive of Territories or Possessions) and licensed or authorized to do business in Arizona.

E. Subcontractor insurance: Prior to commencing any work, any subcontractor shall procure and maintain at its own expense until final acceptance of the work, insurance coverage in a form and from insurers acceptable to the prime contractor. All subcontractors will provide workers’ compensation insurance, which waives all subrogation rights against the prime contractor, member, and Mohave.

F. Umbrella/Excess Liability insurance: Contract vendor’s insurance shall provide adequate protection for contract vendor against damage claims which may arise from operations under this contract. Contract vendor may use umbrella/excess liability insurance to meet the general liability aggregate amount of not less than $2,000,000.

G. Workers’ compensation insurance: Contract vendor shall also procure and maintain during the life of this agreement, workers' compensation insurance for all of contract vendor’s employees engaged in work under the contract. All workers' compensation insurance will comply with Arizona state statute and evidenced by a certificate of insurance.

4.6. Maintenance Facilities and Support

It is preferred that each contract vendor should have maintenance facilities and a maintenance support system available for servicing products throughout Arizona, or the regions specified in their offer.

Maintenance facilities shall have sufficient parts inventory to provide quality service on products sold to members. Trained and qualified technicians shall be available to cover all parts of the state, or specific regions within the state for regional offers. It is preferred that maintenance services are available within

24 hours. If a third party is used to provide maintenance or warranty work, offeror shall include details of any such arrangement in the proposal.

4.7. Manufacturer Support

Offerors submitting proposals as a manufacturer’s representative must be able, if requested by Mohave, to supplement the offer with a letter from the manufacturer certifying that offeror is an authorized dealer for the equipment offered, and that offeror is authorized to submit an offer on such equipment.

4.8. Member Agreements

Some members may request the addition of specific requirements that would apply to products and services purchased under an awarded contract. These additional requirements shall be addressed through the use of an additional member agreement. In any agreement between contract vendor and a member based on this contract, the terms and conditions of this contract shall prevail. Contract vendor and member must agree to all provisions in any additional agreements. If agreement requirements result in additional costs to contract vendor, contract vendor shall be entitled to direct reimbursement for these costs, in addition and separately to approved contract pricing. A copy of the additional member agreement shall accompany member’s purchase order.

4.9. Offeror Qualifications

It is preferred that the offeror has extensive knowledge and at least three (3) years experience with the product, material, process, or services offered. Mohave reserves the right to accept or reject newly formed companies based solely on information provided in the proposal and/or its own investigation of the company.

4.10. Pricing

A. Administration fee: Mohave’s 1% administration fee shall be included in offeror’s contract price.

Contract vendor shall not add the administration fee to approved contract prices. The value of trade-ins or rebates shall not affect the amount of administration fee paid to Mohave.

B. Application of pricing: In Mohave’s purchase order review process, the date of a valid contract vendor’s quote or the date Mohave receives a member purchase order will generally be used to determine contract pricing that is in effect for that order. The date Mohave receives a member purchase order will only be used to determine contract pricing that is in effect for an order when a contract vendor’s quote does not exist or is invalid. However, other factors may apply.

C. Basis for pricing: Contract pricing under this RFP shall be based upon:

1. Firm fixed price with economic price adjustment.

Economic price adjustments are defined as an unexpected price increase for services, raw materials, or that are outside the control of the offeror. Any contingencies for economic price adjustments shall be identified in the proposal. Mohave shall make the sole determination whether contingencies for economic price adjustments identified in your proposal are appropriate under an awarded contract; or

Established catalog price is referred to as manufacturer’s price list, price list, or catalogs throughout this solicitation.

D. Fixed prices: Fixed price offers shall include prices for any and all items. Fixed prices shall be firm until each anniversary date of the contract, unless there is an occurrence of allowed contingencies for economic price adjustment outlined in the proposal. If allowed contingencies for price adjustment occur, contract vendor shall submit a fully documented request for price adjustment to Mohave. The documentation must substantiate that any requested price increase was clearly unpredictable at the time of submittal and results from an increased cost to contract vendor that was out of contract vendor’s control. Mohave shall review requests for fixed price adjustments to determine if the requested adjustments will be allowed. New fixed prices shall not apply until approved by Mohave. Price changes shall be a factor in contract renewal (contract modification).

D. Decimal places: Pricing shall use a maximum of three (3) decimal places, unless specified otherwise.

E. Escalators: Any pricing escalators shall be reviewed and approved by Mohave prior to applying the escalator to approved contract pricing.

F. Price reduction and adjustment: Price reduction may be offered at any time during a contract and shall become effective upon notice of acceptance from Mohave. Price reductions (e.g., quantity discounts, time sensitive offers, bundles) must apply to all Mohave orders of similar size and scope. Price reductions limited to a single member are not acceptable. Special time-limited reductions are permissible under the following conditions: 1) reduction is available to all members equally; 2) reduction is for a specific time period, normally not less than thirty (30) days; 3) original price is not exceeded after the time-limit; and

4) Mohave has approved the new prices prior to any offer of the prices to a member. Mohave shall be the sole judge on the acceptance of price reductions under an awarded contract.

4.11. Samples

A. Sample evaluation: Samples will be compared to proposal specifications and evaluated as to materials used in construction, quality and workmanship, durability, adaptability to the use for which the items were intended, and overall appearance.

B. Sample requirements: Samples may be required prior to awarding a contract. Offeror shall provide adequate samples and detailed specifications for any item offered. Samples must be submitted within ten

(10) days of request from Mohave.

C. Sample submittals: Samples shall be free of charge and submitted and removed by offeror at offeror’s expense. Mohave shall not be held responsible for samples damaged or destroyed in examination or testing. Samples not removed within thirty (30) days after notice to offeror shall be considered abandoned, and Mohave shall have the right to dispose of them.

4.12. Site Requirements

A. Cleanup: Contract vendor shall clean up and remove all debris resulting from their work as required or directed by member. Upon completion of the work, the premises shall be left in good repair and unobstructed condition.

B. Contract vendor employee fingerprinting: Contract vendor and its employees or subcontractors working under an awarded contract who are required to provide services on a regular basis at an individual school, shall obtain and present a valid Department of Public Safety fingerprint clearance card in accordance with A.R.S. § 15-512(H). The fingerprint card shall be issued pursuant to Title 41, Chapter

12, Article 3.1. Charges for such fingerprint checks will be the responsibility of contract vendor, subcontractor, or individual employee. An exception to this requirement may be authorized in member’s

Governing Board policy, for persons who, “as part of the normal job duties of the persons, are not likely to have independent access to or unsupervised contact with pupils.”

Contract vendor and its employees or subcontractors shall not provide services on school district property until so authorized by the school district. Additionally, contract vendor shall comply with applicable governing board fingerprinting policy(ies) at the school district where services are provided.

C. Onsite contract vendor responsibilities: Contract vendor is responsible for ensuring that all onsite work performed under this contract meets or exceeds the current OSHA standards and is responsible for ensuring safe work performance of employees and subcontract vendors.

Prior to performing any services at member site, contract vendor shall contact member regarding their safety and security procedures and requirements for contract vendor’s personnel and their subcontractors. As required by member, all contract vendor personnel and their subcontractors shall be responsible for full compliance with member’s safety and security procedures and requirements.

Member may also require contract vendor to provide their personnel and subcontractors with proper identification displaying both the firm name and employee name. Identification must be worn and remain visible at all times while performing onsite services. These requirements apply at all times, including site visits, project evaluations, and performance of work.

While on any member facility, all contract vendor personnel and their subcontractors shall respond appropriately to all emergency announcements. There are no differentiation between drills and actual emergencies; all announcements shall be treated as a real emergency. Contract vendor shall provide all personnel and their subcontractors performing onsite services training on the safety and security procedures, requirements, and a copy of member’s evacuation map and/or secure location in the event of an emergency.

Contract vendor and its employees or subcontractors shall report accidents and incidents immediately to member’s responsible staff or its administration. Contract vendor is responsible for providing and obtaining appropriate medical and emergency assistance and notifying fire and law enforcement agencies, when necessary. Except for rescue and emergency measures, the scene of the accident or incident shall not be disturbed, and the operation shall not resume until authorized by member’s responsible staff or administration. Contract vendor must assist and cooperate fully with the investigation of the accident/incident and ensure availability of all information, personnel, and data pertinent to the investigation.

For preemptive purposes, contract vendor and its employees or subcontractors shall immediately report to member’s responsible staff or administration all areas of concern that could potentially lead to accident or injury.

D. Preparation: Contract vendor shall not begin a project for which member has not prepared the site.

Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre-installation requirements.

E. Registered sex offender restrictions: For work to be performed at an Arizona school, contract vendor agrees that no employee, or employee of its subcontractor, who is required to register as a sex offender pursuant to A.R.S. § 13-3821 will perform work on member’s premises or equipment at any time when students, are or are reasonably expected to be present. Contract vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the order at member’s discretion.

F. Safety measures: Contract vendor shall take all reasonable precautions for safety on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public.

Contract vendor shall post warning signs against all hazards created by its operation and work in progress.

Proper precautions shall be taken pursuant to current Arizona law and standard practices to protect workers, general public, and existing structures from injury or damage.

G. Smoking: Persons working under the contract shall adhere to current local smoking policies.

H. Stored materials: Upon prior written agreement between contract vendor and member, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials shall be provided to member prior to payment. Such materials shall be stored and protected in a secure location and be insured for their full value by contract vendor against loss and damage. Contract vendor agrees to provide proof of coverage and/or addition of member as an additional insured upon member’s request. Additionally, if stored offsite, the materials shall also be clearly identified as property of member and be separated from other materials. Member shall be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary.

Payment for stored materials shall not constitute final acceptance of such materials. Contract vendor shall be responsible for the protection of all material and equipment, whether stored on or offsite. Title for all work, materials, and equipment shall pass to member only upon final inspection and payment of remaining job costs.

4.13. Subcontractors

A. Awarding subcontracts: Offeror agrees that any subcontract competitively solicited by contract vendor shall not be awarded solely upon membership or non-membership in a union or professional association.

B. Entering subcontracts: Subcontracts shall incorporate by reference the terms and conditions of the

Mohave contract.

C. Prime contractor: Contract vendor shall be considered a prime contractor and not a subcontractor.

Neither Mohave nor member shall establish a contractual relationship with subcontractors.

D. Subcontracts: No subcontracts shall be entered into with any unlicensed party. Contract vendor must use subcontractors openly, include such arrangements in the proposal, and certify upon request that such use complies with the current rules of the Arizona Registrar of Contractors and the Arizona procurement rules and code. No subcontracting costs may be hidden in a cost proposal to member.

E. Subcontractor payment: Contract vendor agrees to pay subcontractors within seven days after receipt of payment from member, as required in Arizona procurement rules and code. If contract vendor receives any interest monies for delay of payment from member, contract vendor will pay subcontractor the correct proportion of interest received. Complaints by subcontractor may be resolved as described in

Arizona procurement rules and code. Failure to pay subcontractor for work faithfully performed and properly invoiced may result in the suspension or cancellation of this contract.

F. Use of subcontractors: Use of subcontractors shall permit work to be managed effectively and without delay and shall not cause any disturbance or interference to the progress of the project (e.g., engaging in strike, work stoppage, picketing, ceasing work due to a labor dispute). Subcontractor shall not employ anyone whose employment may be objected to by prime contractor, member, or Mohave.

4.14. Term of Contract and Extension

A. Contract period: It is Mohave’s intent to award a multi-term contract for the specified product, material, process, or services. The initial contract term shall be for one (1) calendar year from the effective date of contract award. By mutual written agreement between Mohave and contract vendor, contract may be extended for up to four (4) consecutive additional twelve (12) month periods, beginning immediately after expiration of the prior term. However, no contract extension (contract modification) exists unless and until contract vendor is so notified by Mohave.

B. Contract extension (contract modification): Conditions for contract extension (contract modification) may include, but are not limited to: contract usage, satisfactory performance of services during the preceding contract term, ability to continue to provide satisfactory services, continued adherence to the contract requirements, and continued competitive prices for the materials and services provided under the contract. Mohave shall prepare a performance report for all contracts prior to issuing any extension

(contract modification). This performance report shall use past performance information gathered by your assigned Contract Specialist. Past performance information shall be used when determining whether a contract receives an extension (contract modification).

C. Month-to-month extensions (contract modification): Mohave reserves the right to offer month-to-month extensions (contract modification), if that is determined to be in the best interests of members.

4.15. Warranty/Quality Guarantee

A. Extended warranties contracts: Contract vendor or a manufacturer may offer extended warranties available at extra cost for members. Any applicable extended warranty pricing shall be included in the

Excel pricing workbook.

B. Fitness: Contract vendor warrants that any equipment or material supplied to Mohave, or its members shall fully conform to all requirements of the contract, all representations of contract vendor, and shall be fit for all purposes and uses required by the contract.

C. Inspection: The warranties set forth in this section shall not be affected by inspection or testing of, or payment for, the product or materials to contract vendor by member.

D. Quality: Unless otherwise specified, contract vendor warrants that for a period of one (1) year after acceptance of the equipment or materials by member, they shall be:

1. Of a quality to pass without objection in the industry or trade normally associated with them;

2. Fit for the intended purpose(s) for which they are used;

3. Of even kind, quantity, and quality within each unit and among all units, within the variations permitted by the contract;

4. Adequately contained, packaged, and marked as the contract may require; and

5. Conform to the written promises or affirmations of fact made by contract vendor.

E. Warranty requirements: Contract vendor warrants that all products, materials, processes, and services delivered under this contract shall conform to the specifications. Unless stated otherwise, all equipment shall carry a minimum twelve (12) month manufacturer’s warranty that includes parts and labor. Contract vendor agrees to help member reach resolution in a dispute with the manufacturer over warranty terms.

Any extended manufacturer’s warranty shall be passed on to member without exception. Mohave reserves the right to cancel the contract if contract vendor charges member for a replacement part that the contract vendor received at no cost under a warranty.

F. Warranty work: Contract vendor shall perform all warranty work and remain available to member should continued services be required after warranty obligations are met.

5. General Terms and Conditions

Some General Terms and Conditions may specify placement of information in Vendor

Submissions. Pay close attention to placement information as indicated in select General

Terms and Conditions.

5.1. Advertising

Offeror shall not advertise or publish information concerning this solicitation prior to an award being announced by Mohave. After award, contract vendor(s) may advertise the availability of contracted products, materials, processes, and services to members. Any promotional marketing materials using the

Mohave logo shall be approved by a Mohave Contract Specialist in advance.

5.2. Availability of Funds

Member fund availability is unknown to Mohave at the time this solicitation was issued. Use of any contract awarded by Mohave will be conditioned upon the availability of member funds.

5.3. Cancellation

A. Cancellation Process: The following requirements shall apply to all cancellation notices issued under an awarded contract:

1. A written notice of cancellation shall be sent to contract vendor, and the effective date of cancellation shall be the date specified within the written notice of cancellation.

2. Upon cancellation, all products, materials, processes, and services paid for by member, along with documents, data, and reports prepared by contract vendor under the contract shall become the property of member.

3. Contract vendor shall be entitled to receive just and equitable compensation in accordance with applicable contract pricing for authorized work in progress, authorized work completed, and materials accepted before the effective date of the cancellation.

4. Cancellation shall have no effect on projects in progress prior to the effective date of the cancellation.

5. Contract vendor is obligated to continue submitting monthly reconciliation reports and administrative fee payments until all purchases are complete and closed.

B. Cancellation for bankruptcy or acquisition: Mohave reserves the right to cancel, or suspend the use of, any contract if contract vendor files for bankruptcy protection, or if the original contract holder is sold and ownership is transferred to a new party.

C. Cancellation for conflict of interest: In accordance with A.R.S. § 38-511, Mohave may cancel the contract within three (3) years after contract execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of

Mohave is or becomes at any time while the contract, or an extension of the contract is in effect, an employee of or a consultant to any party to the contract with respect to the subject matter of the contract.

The cancellation shall be effective when contract vendor receives written notice of the cancellation unless the notice specifies a later time.

D. Cancellation for convenience: Mohave reserves the right to immediately cancel the contract without penalty or recourse, in whole or in part, when Mohave determines that action to be in the best interests of its members.

E. Cancellation for no or low-usage: Mohave may terminate any contract if members have not used the contract, or if purchase volume is determined to be “low volume” in any twelve (12) month period.

F. Cancellation for non-performance or contract vendor deficiency: Mohave reserves the right to cancel the whole or any part of this contract due to failure by contract vendor to carry out any obligation, term, or condition of the contract. Mohave may issue a written deficiency notice to contract vendor for acting or failing to act in any of the following:

1. Failing to comply with the accepted terms and conditions of the contract;

2. Providing material that does not meet the specifications of the contract;

3. Providing work and/or material that was not awarded under the contract;

4. Failing to adequately perform the services set forth in the scope of work and specifications;

5. Failing to complete required work or furnish required materials within a reasonable or specified amount of time;

6. Failing to make progress in performance of the contract and/or giving Mohave reason to believe that contract vendor will not or cannot perform the requirements of the contract; or,

7. Performing work or providing products, materials, processes, or services under the contract prior to receiving a Mohave reviewed member purchase order for such work.

Upon receipt of a written deficiency notice, contract vendor shall have ten (10) days to provide a satisfactory response to Mohave to adequately address all issues of concern. Failure to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this clause, all goods, materials, and work paid for by member, along with documents, data, and reports prepared by contract vendor under the contract shall become the property of member.

G. Cancellation for replacement: Mohave reserves the right to cancel a contract awarded under this solicitation, if a new solicitation has been issued and a contract has been awarded to the same contract vendor for similar products, materials, processes, and services. Mohave may, at its option, either replace a contract resulting from this solicitation or delay a new award until the existing contract expires. The decision to delay or replace the contract rests solely with Mohave.

H. Contract vendor cancellation: Contract vendor may cancel this contract at any time upon thirty (30) days prior written notice to Mohave or at time of annual contract renewal (contract modification).

Termination shall have no effect on projects in progress at the time the notice of cancellation is received by Mohave.

I. Continuation of performance: Contract vendor shall continue to perform in accordance with the requirements of the contract, up to the date of cancellation and as directed in the cancellation notice.

J. Gratuities: If Mohave determines that any contract vendor or an employee of contract vendor has offered, conferred, or agreed to confer any personal gift or benefit on any employee of Mohave or a member employee who supervised or participated in the planning, recommending, selecting, or contracting of the contract, in accordance with A.R.S. § 15-213(O), Mohave may, by written notice, terminate the contract, in whole or in part. Officers, employees, and agents are prohibited from soliciting or accepting gratuities, favors, or anything of monetary value from contractors or parties of subcontractors under an awarded contract. Paying the expenses of normal business meals shall be in accordance with each member’s policy regarding gratuities. Samples as requested in the solicitation and provided to Mohave for demonstration or evaluation are not considered gratuities.

K. Contract vendor offerings: Mohave may, by written notice, terminate the contract in whole or in part, if Mohave determines that employment or a gratuity was offered or made by the contract vendor or a representative of the contract vendor to any officer or employee of the school district or school purchasing cooperative for the purpose of influencing the outcome of the procurement or securing the contract, an amendment to the contract, or favorable treatment concerning the contract, including making of any determination or decision about contract performance.

5.4. Captions, Headings, and Illustrations

The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease of perusal only, and in no way define, limit, or describe the scope or intent of the request.

5.5. Certification

By signing and submitting the Offer and Acceptance Form (Vendor Submissions), offeror certifies the following:

A. Offeror has examined and understands the terms, conditions, scope of work, specifications, and other documents in this solicitation.

B. The submission of the offer did not involve collusion or other anti competitive practices and that the offeror has taken steps and exercised due diligence to ensure that no violation of A.R.S. §15-213(O) has or will occur. Neither signatory nor any person on his behalf has connived or colluded to produce a deceptive show of competition in the matter of the bidding or award of a contract under this solicitation.

C.. Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer.

D. Neither offeror, nor any officer, director, partner, member, or associate of offeror, nor any of its employees directly involved in obtaining contracts with the State of Arizona, Mohave Educational Services

Cooperative, Inc., or any subdivision of the state, has been convicted of false pretenses, attempted false pretenses, or conspiracy to commit false pretenses, bribery, attempted bribery, or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January 1, 1985.

E. Offeror agrees to comply fully with any and all provisions of A.R.S. Title 32, Chapter 10 (Registrar of

Contractors) that may regulate offeror’s business.

F. Offeror shall not discriminate against any employee, or applicant for employment, in violation of federal and state laws (see Federal Executive Order 11246; and A.R.S. Title 41, Chapter 9, Article 4).

G. Offeror is not currently suspended, debarred, or otherwise precluded from participating in any public procurement activity with any federal, state, or local government entity.

H. If awarded a contract, offeror agrees to promote, offer, and sell under Mohave contract, only those materials and/or services awarded to contract vendor by Mohave.

I. If awarded a contract, offeror shall provide the equipment, commodities, and/or services to members of Mohave in accordance with the terms, conditions, scope of work, specifications, and other documents of this Request for Proposal.

J. If awarded a contract, offeror agrees that all staff and other individuals eligible to receive services shall have equal access to the services regardless of race, religion, color, sex, disability, age, or national origin.

K. Offeror and all proposed subcontractors comply and shall remain in compliance with the Federal

Immigration and Nationality Act (FINA), all other federal immigration laws and regulations, A.R.S. § 41-

4401, and A.R.S. § 23-214, which requires compliance with current federal immigration laws by employers, contractors, and subcontractors in accordance with the E-Verify employee eligibility verification program.

L. Offeror shall comply with A.R.S. § 35-393.01 and certify that they are not currently engaged in, and agree that for the duration of the contract to not engage in, a boycott of Israel.

M. If applicable to the products and services offered under this contract, offeror shall comply with current applicable requirements of Health Insurance Portability and Accountability Act of 1996 (HIPAA) and accompanying regulations. Contract vendor agrees to work with member in the course of performance so that the member and contract vendor are in compliance with HIPAA.

N. Pursuant to A.R.S. § 35-394, by signing the Offer and Acceptance Form the offeror entering into a contract with Mohave certifies they do not use forced labor, or any goods or services produced by the forced labor, of ethnic Uyghurs in the People's Republic of China.

5.6. Confidential Information

A. Confidential information request: If offeror believes that its proposal contains confidential trade secrets or other proprietary data not to be disclosed, a statement advising Mohave of this fact shall accompany the proposal, and the information shall be so identified wherever it appears. Mohave shall review the statement and shall notify the offeror of their determination in writing whether the information shall be withheld or disclosed. Requests to deem the entire offer as confidential will not be considered.

B. Pricing: Mohave will not consider pricing to be confidential or proprietary.

C. Public record: All proposals submitted in response to this solicitation shall become the property of

Mohave. They will become a matter of public record available for review, subsequent to award of contract(s), with the exception of information deemed confidential by Mohave.

5.7. Confirmation/Discussions

A. Confirmation: If an apparent mistake in a proposal, relevant to the award determination is discovered after opening and before award, Mohave shall contact the offeror for written confirmation of the proposal. If offeror fails to act, the offeror shall be considered non-responsive.

Mohave may contact an offeror to confirm our understanding of the proposal. Such contact shall be prior to award. Mohave shall obtain written confirmation from the offeror and shall retain the confirmation in the procurement file. Correction of mistakes in a proposal shall only be allowed as described in Arizona procurement rules and code.

B. Discussions: For the purposes of conducting discussions, Mohave shall determine that proposals are either acceptable for further consideration or unacceptable. Discussions may be conducted with responsible offerors who submit proposals determined to be acceptable for further consideration.

Discussions may be conducted to assure full understanding of the proposal in order to obtain the most advantageous contract for Mohave, based on the requirements and evaluation factors in this Request for

Proposal. Discussions may be conducted orally or in writing. If oral discussions are conducted, the offeror shall confirm the discussions in writing.

Mohave will not help offeror bring its proposal up to the level of other proposals through discussions.

Mohave will not indicate to offeror a cost or price that it must meet to obtain further consideration, nor will it provide any information about other offerors’ proposals or prices.

5.8. Contract Management

A. Applicable law: The contract shall be governed by the laws of the State of Arizona, and suits pertaining to the contract may be brought only in courts in the State of Arizona.

B. Application of law: The Arizona Procurement Code, the Arizona State Board of Education School District

Procurement Rules, and the Uniform Commercial Code (UCC) as adopted by the State of Arizona, are part of this document as if fully set forth herein. Any provision or clause required by law, rule, or regulation to be included in the contract will be read and enforced as if in the contract, whether or not physically included. If any such provision is not included, or is not correctly included, contract will be amended in writing to make such inclusion or correction upon application from either party to contract.

C. Arbitration: After exhausting applicable administrative review, the parties to this contract may agree to resolve disputes arising out of or relating to this contract through arbitration, to the extent allowed by law.

D. Assignment: Contract vendor agrees that if a contract is reassigned as part of an acquisition/merger, contract vendor will notify Mohave once legally permissible. Mohave reserves the right to accept or reject any reassignment of an awarded Mohave contract. Mohave shall not unreasonably withhold approval of a contract transfer resulting from an acquisition/merger. Mohave shall notify contract vendor of its decision within fifteen (15) days of receipt of written notification from contract vendor of the acquisition/merger.

E. Contract claims or controversies: The requirements of the Arizona Procurement Code and the Arizona

State Board of Education School District Procurement Rules shall govern any contract awarded as a result of this solicitation, as well as any contract claims or controversies associated with it.

Formal contract claims and controversies between a member and contract vendor shall be resolved…